JUNE 2014
The current state of ICT policy in
Somalia
There is currently no comprehensive policy framework
for the ICT sector in Somalia. Although a number of laws
and policies have been introduced in the cabinet and in the
parliament, none have been implemented. As explained in
more detail in the sections below, the current government
does not have the political will to push these laws through,
especially when Somalia’s political instability presents more
urgent political needs.
The table below provides a summary of Somalia’s ICT legal
infrastructure that has been established since the collapse of
the last central government in 1991.
Table 2. History of ICT-related policies in
Somalia
Year
2005/6
2007/08
2007
2012
2013
Legislation
Impact on ICT
Somali
Broadcasting
Act
Covers the roles that
media houses as well
as telecommunication
companies play. The aim
is to empower media
companies to have a
framework for operation.
Approved
by cabinet
but not
passed by
parliament.
National
Priority Plan
Intends to help in the
prioritization and
strengthening of key tools.
ICT is considered a key
tool in development and
economic growth.
Approved
by cabinet
but not
passed by
parliament.
Somali
Media Law
Law intends to streamline
government control and
influence over media
through the National
Media Council, and
through various other
tools.
Passed by
parliament,
but not
signed
by the
president.
The National
Media
Council Act
Intends to create a
regulatory body to oversee
independent media
and ensure the proper
implementation of ICT
and media policies.
Approved
by cabinet
but not
passed by
parliament.
Draft legislation designed
to update the Somalia
Media Law of 2007.
Approved
by cabinet
but not
passed by
parliament.
Somali
Media Law
Status
In 2007, the Somali parliament approved the Somali Media
Law, the country’s first media law in nearly 20 years, but
it was never signed by the president and therefore never
officially became law. It was, however, billed as the first
national media law. This law included a guarantee of
freedom of expression, and also emphasized the importance
of media independence. According to Article 2 of the law:
• The media is free to disseminate information and data
while abiding by the laws regulating it and the state laws.
• Freedom of expression and ideas is guaranteed by…the
Somali government as depicted in article 20 section 1 and
2, the Universal Declaration of Human Rights (UDHR)
and international treaties, as well as by those regional and
global conventions of which Somalia is a member.
• The media cannot be censored and cannot be compelled
to publicize information complimentary either to the
government or to the opposition (Somali Republic, p. 3).
However, other aspects of the law suggest the limits of
this freedom. For one, the law includes the creation of a
National Media Council (NMC): a 15-member regulatory
body with extensive powers to oversee the media sector.
The legislation specifies that the Ministry of Information
appoints five of the NMC members, and private media
members select the remaining ten. However, these ten are
contingent on the government’s approval, which gives the
government considerable leverage over the NMC and its
functions. Journalists and media rights activists criticized
the law for giving too much power to the NMC.
Secondly, the law obliges the media to promote Islam, the
official religion of the state. The law criminalizes broadcasts
and publications that are deemed anti-Islamic and in
violation of the Somali culture. Without an independent
judicial sector, the interpretation of what is anti-Islamic
is left to the NMC. NGOs, the international community,
and the Somali media sector criticized these measures for
limiting freedom of expression.
However, the rationale for these limits can be better
understood by looking at the political climate that
existed when the law was drafted. The law was passed by
parliament in 2007, shortly after Ethiopian forces invaded
Somalia and engaged in counterinsurgency warfare against
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